Doing legal business in New York

Regulation of the legal profession

The New York State Supreme Court's appellate division and its specialist committees regulate lawyers who practise in New York.

Founded in 1876, the New York State Bar Association is one of the largest voluntary bars in the US. It has over 55,000 members and is headquartered in the state capital of Albany.

Founded in 1870, the New York City Bar Association also provides networking events and continuing legal education to attorneys in New York City.

Temporary practice

New York is one of the few states that allows foreign lawyers to provide legal services on a temporary basis without having to first register as a foreign legal consultant (FLC).

A foreign-qualified lawyer in good standing can provide legal services on a temporary basis in New York, as long as the services:

• are undertaken in association with a New York attorney
• are related to a pending or potential tribunal in the lawyer’s home jurisdiction. The services can be related to another jurisdiction if the foreign lawyer is working with someone authorised or expecting to be authorised to appear in the proceedings
• are reasonably related to a pending or potential arbitration, mediation or other form of alternative dispute resolution, or
• arise out of or are related to the lawyer’s practice in their home jurisdiction

Foreign-qualified lawyers can provide legal services in their home country law and international law.

Read the New York Court of Appeal’s rules on temporary practice in New York.

These rules also apply for US attorneys licensed in a different jurisdiction.

The rules do not apply to registered FLCs in New York. See below for the rules that apply.

Foreign legal consultant (FLC) status

Solicitors seeking to practise in New York on a permanent or long-term basis can register as a FLC.

In New York, FLCs can only give legal advice or provide legal services related to the law of the country where they are admitted to practise.

The Appellate Division of the Supreme Court can grant FLC status to a lawyer who:

• is a member in good standing of a recognised legal profession in a foreign country
• has actively practised their profession for at least three of the five years immediately preceding the date of their application for FLC status
• possesses the good moral character and general fitness required for a member of the bar in New York
• is over 26 years of age, and
• intends to practise as a legal consultant in New York and to maintain an office in the state for this purpose

To meet the definition of a ‘recognised legal profession’, members must:

• be admitted to practise as attorneys or counsellors at law (or the equivalent), and
• be subject to effective regulation and discipline by a professional body or public authority

Find out more about registering for FLC status.

Read the New York Court of Appeal’s rules for the licensing of legal consultants.

A US law firm can employ or partner with a foreign lawyer.

Rule 5.4(d) of the New York Rules of Professional Conduct prohibits partnerships between lawyers and non-lawyers. However, rule 7.5(d) recognises partnerships between or among lawyers licensed in different jurisdictions, including in foreign jurisdictions.

Rule 521.4 b(2) specifically notes that attorney-client privilege applies to FLCs.

Requalification

New York has adopted the Uniform Bar Examination (UBE).

UK lawyers need a first degree in law equivalent in duration to a US law degree to sit the bar exam.

The degree must also be substantially equivalent to a US law degree and based on the principles of English common law.

UK lawyers who do not meet the durational requirement can still qualify to sit the New York Bar exam. To qualify, you must be able to provide proof to the New York State Board of Law Examiners that you have:

• at least two years of foreign legal education that meets the substantive requirement (for example, based on principles of English common law and substantially equivalent to a JD), and
• obtained a master’s degree in law (LLM) from an American Bar Association-approved law school in the US

Find out more about applying for the New York Bar exam.

In addition to taking the UBE, you must meet several other general requirements to qualify as an attorney in New York. These include:

• sitting the Multistate Professional Responsibility Examination (MPRE)
• completing the New York Law Course, which consists of lectures on New York law
• passing the New York Law Examination

See the New York Court of Appeals’ rules for a full list of admissions requirements.

Establishing a law firm

New York is the largest legal services market in the world. Many foreign firms have a presence there, including law firms from the UK, Ireland, Germany, France, Spain, Italy, Australia, China and Canada.

There are no separate requirements for foreign firms to open an office in New York.

A foreign lawyer licensed as a legal consultant is permitted to open an office. A foreign lawyer or law firm may employ or enter into partnership with a US lawyer.

These are commitments under the US’s World Trade Organisation schedule of commitments on legal services.